Nunavut Conciliator’s Final Report
Frequently Asked Questions

Why did the parties need a conciliation process?

The Nunavut Land Claims Agreement (NLCA) Implementation Contract was signed in 1993 by Nunavut Tunngavik Inc. (NTI), Indian and Northern Affairs Canada (INAC) and the Government of the Northwest Territories. This agreement provides that before the end of the first 10-year implementation period, the parties would renew the contract for the second ten-year period (2003-2013). These negotiations began in 2002, but the parties were unable to reach an agreement o updating the contract for the next planning period and decided they needed a neutral third party to help them move forward.

What was Mr. Berger asked to do?

In May 2005, the parties appointed former Supreme Court of B.C. Justice Thomas Berger as Conciliator for the NLCA Implementation Contract. He was mandated to examine the outstanding issues in the contract renewal negotiations and make recommendations to help the parties move towards solutions they could all support. He was also asked to propose ways to improve and better define the long-term relationships among the parties.

The main issues he was asked to look at were disagreement about on-going funding levels for the Institutions of Public Government created under the NLCA, issues related to the scope of implementation, dispute resolution mechanisms, and implementation of Article 23 which deals with increasing Inuit participation in government employment in Nunavut. Mr. Berger delivered his findings in two reports. His Interim Report received on August 31, deals with the first three issues. His Final Report, which was released on April 10th focuses on Article 23.

What are the main findings and recommendations of the Interim Report?

In his interim report, Mr. Berger deals primarily with three subjects: the meaning and scope of the implementation process; funding issues with respect to the Institutions of Public Government created under the NLCA and dispute resolution. Among other things, he recommended a number of structural and organizational changes that could improve the operation of the Nunavut Implementation Panel. He also recommended funding principles and associated levels of funding for the Institutions of Public Government.

What has INAC done to respond to Mr. Berger's Interim Report?

INAC participated in the development of a response to the report as a member of the three-party Nunavut Implementation Panel. The Panel submitted a report to Mr. Berger on January 25, 2006. In his Final Report, Mr. Berger recognizes the work the Panel did to address his recommendations, particularly with respect to agreeing on proposed funding levels for Institutions of Public Government. He goes further to say that the Panel’s report shows evidence of “a new spirit of cooperation”.

What are the main findings and recommendations of the Final Conciliator’s Report?

INAC welcomes Mr. Berger’s final report and thanks him for his thorough and thoughtful review of the complex issues surrounding the implementation of Article 23 of the NLCA. The objective of Article 23 is to increase Inuit participation in government employment in the Nunavut Settlement Area to a representative level. Mr. Berger notes that, while Inuit represent 85% of the population of Nunavut, they currently only hold 45% of government positions. He states that it has not been possible to improve upon this level of participation because of the education and job experience requirements are an obstacle for many Inuit, particularly in the executive, management and professional categories. Mr. Berger’s main conclusion is that it is impossible to consider Article 23 in isolation and that the solution is not on the “demand” side of the equation. The problem is that the “supply” of qualified Inuit is exhausted. Mr. Berger’s Final Report provides two sets of recommendations – the first is a set of near-term initiatives designed to increase the number of Inuit qualified for government positions. The second is a comprehensive bilingual education system with English and Inuktitut curriculum.

Mr. Berger recognizes that his recommendations are a major undertaking that would require significant and long-term financial commitment by the Government of Canada.

What will INAC do now that it has the Final Conciliation Report?

Mr. Berger has provided a thoughtful and thorough analysis of the challenges facing the parties. His recommendations propose a fundamental change in approach that requires an equally thoughtful and thorough review by the parties before they enter into discussions to determine the way forward.

INAC will review Mr. Berger’s recommendations in combination with other information, including recommendations made by the Auditor General in 2003 and 2005 and the second five year-review of the implementation of the NLCA.

How will the Final Conciliator's report contribute to the process to renew the Nunavut Land Claims Agreement Implementation Contract?

INAC has been encouraged by the willingness of all parties to engage in this conciliation process and to seek solutions on outstanding issues in order to help us resolve our differences and bring about solutions we can all support. The Final Conciliator’s Report will further contribute to this work.

Successful implementation of the NLCA can only be achieved in a cooperative climate that emphasizes mutual responsibility, respect and joint problem-solving. INAC recognizes that the negotiations for the renewal of the Nunavut Implementation Contract have been difficult and relationships between the parties have been affected, but we are encouraged by the cooperation that allowed the parties to successfully address key recommendations of the Interim Conciliator’s Report.

INAC wishes to continue to build on the Conciliation process to improve our relationships with NTI and the Government of Nunavut and find solutions that will allow us to move forward together.

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